Form 21 on the gov.uk is an Open Office (.odt) document. This means that there are a number of options available to you. Your section 21 notice is only valid if your landlord used the correct version of Form 6a or a letter containing the same information. The correct version depends on when the notice of termination was given to end the rental. Due to the COVID-19 pandemic, the minimum notice period provided for in Section 81 of the Coronavirus Act 2020 for all notices issued between 26 March 2020 and 30 September 2020 has been temporarily increased from two to three months.   Following a decision by the Master of the Rolls with the consent of the Lord Chancellor, an additional restriction came into force on 27 March 2020 suspending all new and ongoing measures on home ownership at national level for 90 days.  There are other rules that could protect you from eviction if you have complained to your landlord or asked for redress. Learn more about what to do if you are deported because you have sought redress. For Apple users, some members report difficulties opening the form gov.uk Section 21 when using Apple products.
This could be due to the software used to open the file. If you`re having trouble opening the files, the best software you can use is OOreader or Office for Mac. For fixed-term rentals, the owner can use the form § 21 Abs. 1 b. Read our Guide to The Do`s and Don`ts of Delivering a Section 21 Notice Before Using This Sample Letter. The section 21 notification you receive may be different depending on when your tenant started. You can appeal the decision of the possession order, but only if you can prove that errors were made at the possession hearing. For example, if the court did not review the relevant information or used the wrong law. You will receive a notice under Article 21 before you have had your first rental for this property for 4 months. A fixed-term rental is a rental that only lasts a certain period of time, usually 6 months or 1 year.
So if your tenancy lasts 1 year and expires in December, but the section 21 notice asks you to leave on a date in November, you can challenge your landlord`s ownership claim. § 21 Notifications always comply with the deadline. If your landlord has extended a new fixed time limit with you, section 21 must end on the last day of the new deadline at the earliest. Any notice of termination issued prior to the new contract is automatically invalid. This page contains a number of resources to ensure that NRLA members can search for the property with confidence. In addition to detailed instructions on how to complete the form, the page contains information on pre-delivery requirements and answers a number of frequently asked questions about section 21 notices. You may be able to challenge your eviction if your section 21 notice is invalid or if you have a good reason not to leave your home. This is called the „defense of property.” A notice that the property is required on a specific date and not after the specified date is not valid.[xv] The message does not need to specify an actual calendar date. It is sufficient that the termination is formulated with a formula that allows the tenant to know when the termination expires. [xvi] Such a formula may stand on its own or be used next to a specific date as a storage formula if the specific date is not valid. In the latter case, the communication is also valid if two different dates are specified in the communication, as long as one of the data is indicated as a fallback solution, if the other date is not valid. [xvii] The Owner may send a notice of termination at any time (more on this below). However, it can only take effect if certain criteria are met. Depending on the respective tenancy, there are two versions of the section 21 form. A recognized rental deposit insurance system is a government-backed system that has been put in place to keep your deposits safe so that you get back what you are entitled to at the end of your tenancy. If you are an insured short-term tenant, your landlord must have placed your deposit in one of these systems within 30 days of receiving your money and told you which system they were in.
You can check if your deposit is in a rental deposit guarantee scheme here: Check if your rental deposit is protected. Although the termination prompt can be written in a relatively free form, it must contain several key elements. The first is the requirement under section 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012 that a landlord must present an energy performance certificate to the person who ultimately becomes a tenant. [xlv] [xlvi]  The section 21 notice expired because the date you received it was more than 6 months ago. If you disagree with something the landlord said on the application form, you must explain it on your defence form. The court could decide to hold a hearing to decide who is right. If the landlord serves you a section 21 after you complain about repairs, they may be breaking the law. Revenge evictions or „retaliatory evictions” are the wrong landlord`s treatment of tenants. Whenever there might be friction or complaints on the tenant`s side, these landlords use eviction as a tool to silence them. This is serious abuse and harassment and the landlord cannot use a section 21 at all. This applies if a notice of termination has been served on you and: A landlord cannot make a notice under section 21 as long as it violates a prescribed requirement regarding the condition of the property, the health and safety of the occupants and the energy efficiency of the property. [xliv] For rentals that began on October 1, 2015, two requirements have been set out in this article[xlv], with the exception of legal periodic rentals, which have been excluded.[xxxix]  Your section 21 notice is not valid if you received it within the first 4 months of the start of your original lease. You do not have to leave before the expiry of your fixed term, for example, if you receive a notification under Article 21 4 months after a fixed period of 6 months, you do not have to leave until the end of it. If the landlord has requested and accepted a prohibited payment from a person concerned or has not processed a deposit in accordance with the law, the landlord cannot give notice under section 21 until the payment or prohibited deposit has been refunded to the person who made the payment. Alternatively, the landlord must first obtain the consent of the person concerned in order to collect a prohibited payment or a deposit that has not been reimbursed for the payment of the rent or rent deposit. [lv] You must send your defense to the court within 14 days – the address will be indicated on the form. It is worth keeping a copy for your records. In order to minimize the risk of rejection, the RNA has developed completion instructions for our members. These instructions include instructions on how to complete and deliver the form and ensure sufficient proof of correct delivery. Even if this 30-day period expires, tenants can make a legal claim because they have not protected the deposit. This claim is irrevocable. If this is true, the court has no choice but to grant the tenant 1-3 times the deposit to be paid by the landlord. If such a claim has been made, article 21 is not valid.
Making a mistake while completing the section 21 notice can be an extremely frustrating experience for owners and agents. Often, a homeowner first discovers that they made a mistake on the form, months later, when they are denied ownership because of the mistake. So if you can challenge the section 21 notice and your landlord`s right to a possession order, you or your lawyer must complete a defense form and send it to the court within the time limit. You can stay in your home and contest your eviction if your landlord has not given you valid notice under section 21. In Trecarrel House Limited v. Rouncefield[C], the Court of Appeal overturned the lower court`s decisions that a breach of the obligation to provide or show the last gas safety certificate to new tenants before their profession cannot be remedied.  Arguments similar to those in Kaur v. Griffith[D] that, even if the gas safety certificate has been submitted, a valid notice under section 21 cannot be given if the last related gas safety test was conducted too long after the rejection of the previous test. However, the facts and the wording of the judgments leave open the possibility that the absence of a valid gas safety certificate at the time the tenant first entered the profession under the lease remains an irremediable offence.  Counsel for the tenant in Trecarrel House Limited v. Rouncefield confirmed on Twitter that the tenant is seeking leave to appeal to the Supreme Court. If you have a guaranteed short-term tenancy, a section 21 notice is the most common way to begin the eviction process. When you are notified, your landlord will tell you that they want you to leave their property and the date you should leave your property. A notice under section 21 takes its name from the section of the Parliamentary Act with which it was created ..